Japanese Laws and Regulations for Maritime Safety and Security Policy Program (Tentative Translation)

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(1)Japanese Laws and Regulations for Maritime Safety and Security Policy Program (Tentative Translation).

(2) The list of Japanese Laws and Regulations (Tentative translation). 1．The Japan Coast Guard Act (Tentative translation). ・・・・・・・・・1. Act No. 28 of April 27, 1948 Latest amendment: Act No. 71 of September 5, 2012. 2．The Act on Territorial Sea and Contiguous Zone (Tentative translation)・15 Act No. 30 of May 2, 1977 Latest Amendment: Act No. 73 of June 14, 1996. 3．The Act on the Exclusive Economic Zone and the Continental Shelf (Tentative translation) ・・・・・・・・・・・・・・・・・・・・・・18 Act No. 74 of June 14, 1996. 4．The Act on the Preservation and Control of Living Marine Resources (Tentative translation) ・・・・・・・・・・・・・・・・・・・・・・20 Act No. 77 of June 14, 1996 Latest amendment: Act No. 77 of June 6, 2007. 5．The Act on Penalization of Acts of Piracy and Measures against Acts of Piracy (Tentative translation) ・・・・・・・・・・・・・・・・・・41 Act No. 55 of June 24, 2009 Latest amendment: Act No. 71 of September 5, 2012. 6．Act on Special Measures Concerning the Guarding of Japanese Ships in Pirate-Infested Waters (Tentative translation) ・・・・・・・・・・・46 Act No. 75 of November 20, 2013.

(3) 1．海上保安庁法. ・・・・・・・・・・・・・・・・・・・・・・・ 1 昭和 23 年 4 月 27 日法律第 28 号最終改正：平成 24 年 9 月 5 日法律第 71 号. 2．領海及び接続水域に関する法律. ・・・・・・・・・・・・・・・15. 昭和 52 年 5 月 2 日法律第 30 号最終改正：平成 8 年 6 月 14 日法律第 73 号. 3．排他的経済水域及び大陸棚に関する法律. ・・・・・・・・・・・18. 平成 8 年 6 月 14 日法律第 74 号. 4．海洋生物資源の保存及び管理に関する法律. ・・・・・・・・・・20. 平成 8 年 6 月 14 日法律第 77 号最終改正：平成 19 年 6 月 6 日法律第 71 号. 5．海賊行為の処罰及び海賊行為への対処に関する法律. ・・・・・・41. 平成 21 年 6 月 24 日法律第 55 号最終改正：平成 24 年 9 月 5 日法律第 71 号. 6．海賊多発海域における日本船舶の警備に関する特別措置法. ・・・46. 平成 25 年 11 月 20 日法律第 75 号.

(4) The Japan Coast Guard Act (Tentative translation) Act No. 28 of April 27, 1948 Latest amendment: Act No. 71 of September 5, 2012 Chapter I Organization Article 1 (1) The Japan Coast Guard shall be established as an external bureau managed by the Minister of Land, Infrastructure, Transport and Tourism in accordance with the provisions of paragraph (2) of Article 3 of the National Government Organization Act (Act No. 120 of 1948) in order to protect human lives and property, and to prevent, investigate, and suppress violations of law at sea. (2) The boundary between a port at the entrance to a river and the river shall be as specified by a Cabinet Order pursuant to the provisions of Article 2 of the Act on Port Regulations (Act No. 174 of 1948). Article 2 (1) The Japan Coast Guard has the mission of securing the safety and security of the sea by performing the administrative affairs relating to enforcement at sea of the laws and regulations, sea rescues, the prevention of marine pollution, the maintenance of order in the navigation of vessels at sea, the prevention and suppression of crimes at sea, investigation and arrests of criminals at sea, regulation on the traffic of vessels at sea, hydrography and navigational aids, and other administrative affairs relating to securing safety at sea as well as administrative affairs incidental to the aforementioned. (2) The administrative affairs relating conventionally to the Secretariat of the Ministry of Transport, the Secretariat of the Commissioner of the Maritime Bureau of the Ministry of Transport, the Shipping Commissioner, the ship stations and mariners stations, the investigators of the Marine Accident Tribunal, the Lighthouse Bureau, the Hydrographic Department, and other administrative affairs coming under the jurisdiction of other government agencies, which come under the administrative affairs set forth under the preceding paragraph, shall be transferred to the jurisdiction of the Japan Coast Guard. Article 3 Deleted Article 4 (1) The vessels and aircraft of the Japan Coast Guard shall be vessels and aircraft with the structure, equipment, and functions appropriate to maintain the navigational aids, carry out the hydrographic survey and oceanographic observation, maintain security at sea, give assistance to mariners in distress, or to protect human lives and property in marine accidents. (2) Numbers and other signs enabling clear differentiation from other vessels shall be attached to the vessels of the Japan Coast Guard, and they shall hoist the national flag and the flag of the Japan Coast Guard.. - 1-.

(5) (3) Numbers and other signs enabling clear differentiation from other vessels shall be attached to the aircraft of the Japan Coast Guard. Article 5 The Japan Coast Guard shall take charge of the following administrative affairs in order to achieve the mission set forth under paragraph (1) of Article 2. (i) Matters relating to the enforcement of laws and regulations at sea. (ii) Matters relating to relief assistance to save human lives, cargo, and vessels in marine accidents and in natural disasters and other cases necessitating relief. (iii) Matters relating to relief of vessels in distress and the system of processing wreckage and sinking goods. (iv) Matters relating to the investigation of marine accidents (except for those performed by the Japan Transport Safety Board and the Japan Marine Accident Tribunal). (v) Matters relating to the removal of obstacles to vessel traffic. (vi) Matters relating to supervision of people, other than officers of the Japan Coast Guard, who carry out relief to save human lives, cargo, and vessels in marine accidents and remove obstacles to marine traffic. (vii) Matters relating to supervision necessary for security at sea for passengers or people engaged in the maritime transport of cargo. (viii) Matters relating to navigation and signals for vessel traffic. (ix) Matters relating to port regulations. (x) Matters relating to securing the safety of vessel traffic in waters where vessel traffic is congested. (xi) Matters relating to preventing marine pollution, etc. (referring to the marine pollution, etc. provided for in item (xv)(2) of Article 3 of the Act on the Prevention of Marine Pollution and Maritime Disasters (Act No. 136 of 1970)) and marine disasters. (xii) Matters relating to the maintenance of order in the navigation of vessels at sea. (xiii) Matters relating to patrolling and guarding in coastal waters. (xiv) Matters relating to the suppression of riots and disturbances at sea. (xv) Matters relating to the prevention and suppression of crimes at sea. (xvi) Matters relating to the investigation and arrest of criminals at sea. (xvii) Matters relating to detention work. (xviii) Matters relating to international assistance in investigations. (xix) Matters relating to cooperation, mutual assistance, and contact with the National Police Agency and the prefectural police (hereinafter referred to as “police administrative agencies”), customs, quarantine stations, and other relevant administrative agencies. (xx) Matters relating to international disaster relief activities pursuant to the Act on Dispatchment of the Japan Disaster Relief Team (Act No. 93 of 1987). (xxi) Matters relating to the hydrographic survey and oceanographic observation.. - 2-.

(6) (xxii) Matters relating to the preparation and supply of hydrographic publications and aeronautical information publications. (xxiii) Matters relating to the notification of matters necessary for the safety of vessel traffic. (xxiv) Matters relating to the construction, maintenance, operation, and supplies of lighthouses and other navigational aids. (xxv) Matters relating to the observation of weather and its reports based on equipment attached to lighthouses and other navigational aids. (xxvi) Matters relating to the supervision of people other than the Japan Coast Guard who perform the construction, maintenance, or operation of lighthouses or other navigational aids. (xxvii) Matters relating to international cooperation pertaining to the administrative affairs under its jurisdiction. (xxviii) Matters of holding training relating to the administrative affairs under its jurisdiction at the educational training facilities specified in a Cabinet Order. (xxix) Matters relating to the construction, maintenance, and operation of vessels and aircraft to be used to carry out the administrative affairs under its jurisdiction. (xxx) Matters relating to the construction, maintenance, and operation of communications facilities to be used to carry out the administrative affairs under its jurisdiction. (xxxi) In addition to those matters given in each of the preceding items, the administrative affairs provided for in paragraph (1) of Article 2. Article 6 Deleted Article 6-2 Deleted Article 6-3 Deleted Article 7 Deleted Article 8 Deleted Article 9 Deleted Article 10 (1) The head of the Japan Coast Guard shall be the Commandant of the Japan Coast Guard. (2) The Commandant of the Japan Coast Guard shall coordinate and organize the affairs of the Japan Coast Guard and direct and supervise the officers under the Commandant’s command under the direction and supervision of the Minister of Land, Infrastructure, Transport and Tourism; provided, however, that the administrative affairs belonging to the jurisdiction of a minister other than the Minister of Land, Infrastructure, Transport, and Tourism shall be subject to the direction and supervision of such a minister. Article 11 Deleted Article 12 (1) The entire country and coastal waters shall be divided into Coast Guard regions and a Regional Coast Guard Headquarters shall be established for each Coast. - 3-.

(7) Guard region, and they shall be assigned the administrative affairs under the jurisdiction of the Japan Coast Guard. (2) The areas and names of the Coast Guard regions, and the name and location of each Regional Coast Guard Headquarters, shall be specified by a Cabinet Order. (3) The Regional Coast Guard Headquarters may appoint a Vice Commander in accordance with the provisions of a Cabinet Order. (4) The Regional Japan Coast Guard Headquarters may establish departments in accordance with an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism within the number specified by a Cabinet Order. (5) In addition to those matters provided for in the preceding two paragraphs, the internal organization of the Regional Coast Guard Headquarters shall be specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism. (6) The Minister of Land, Infrastructure, Transport and Tourism may assign part of the administrative affairs under the jurisdiction of one Regional Coast Guard Headquarters to another Regional Coast Guard Headquarters limited to those relating to districts in the vicinity of the boundary of the Coast Guard region in cases where the Minister deems it to be particularly necessary in order to manage the navigational aids or for the smooth implementation of other work. Article 13 The Minister of Land, Infrastructure, Transport and Tourism may establish an office of the Regional Coast Guard Headquarters on required land in order to assign part of the administrative affairs under the jurisdiction of the Regional Coast Guard Headquarters. The name, location, jurisdictional area, range of administrative affairs under its jurisdiction and internal organization shall be prescribed by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism. Article 14 (1) The Japan Coast Guard shall appoint Coast Guard Officers and assistant Coast Guard Officers. (2) The ranks of the Coast Guard Officers and assistant Coast Guard Officers shall be specified by a Cabinet Order. (3) The Coast Guard Officers shall receive orders from their superior officers, and shall take charge of the administrative affairs provided for in paragraph (1) of Article 2. (4) The assistant Coast Guard Officers shall assist the duties of the Coast Guard Officers. Article 15 In cases where the Coast Guard Officers carry out administrative affairs relating to the enforcement of laws and regulations pursuant to the provisions of this Act, the authority of the Coast Guard Officers shall be deemed to be that of civil servants of the administrative authorities with jurisdiction over the administrative affairs relating to the enforcement of the respective laws and regulations, and they shall be subject to the application of the rules enacted by the administrative authorities relating to the administrative affairs concerning the enforcement of the laws and regulations.. - 4-.

(8) Article 16 The Coast Guard Officers may seek cooperation from people and vessels in the vicinity, where necessary, to perform the duties given in item (ii) of Article 5 or when arresting a criminal or in emergency events. Article 17 (1) The Coast Guard Officers may, when it is necessary for the performance of their duties, order the master of a vessel or a person who is directing a vessel on behalf of the master to submit documents that should be furnished in the ship in accordance with laws and regulations, or stop the vessel and conduct an onboard inspection in order to check the identity of the vessel, the port of registry, the name of the master, the immediate departure port or place of departure, the destination port or place of destination, the nature of its cargo or the presence or absence of cargo, and other matters deemed to be important in relation to the vessel, cargo, or voyage, or may ask questions necessary to perform their duties to crewmembers and passengers, the owner, lessee or charterer of the vessel, or other persons deemed to know of matters recognized to be important to secure safety and security at sea. (2) The Coast Guard Officers shall wear uniforms and carry a certificate of identification with them when making the on-site inspection or asking questions as provided for in the preceding paragraph. (3) The uniform of the Coast Guard Officers shall be provided for by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism. Article 18 (1) In addition to those matters specified in other laws and regulations, the Coast Guard Officers make take the following measures in cases where it is deemed that a crime is definitely to take place at sea or in cases where there is a dangerous situation such as a natural disaster, marine accident, destruction of a structure, or an explosion of hazardous materials, and where there is the risk of damage extending to the lives or bodies of people or serious damage to property, and moreover, is a case requiring urgency. (i) To start or stop the navigation of a vessel or to halt the departure of a vessel. (ii) To change the route of a vessel, or to have a vessel moved to a specified place. (iii) To have a crew member, passenger, or some other person onboard the vessel (hereinafter referred to as “crew member, etc.”) disembark, or to restrict or prohibit their disembarkation. (iv) To have cargo unloaded, or to restrict or prohibit its unloading. (v) To restrict or prohibit traffic among other vessels or between a vessel and shore. (vi) In addition to the measures set forth in the preceding items, to restrain an act that is likely to cause danger to the lives or bodies of people or to seriously damage property at sea. (2) The Coast Guard Officers may take the measures given in item (i) or item (ii) of the preceding paragraph in cases where the Coast Guard Officers deem that it is clear that a crime is to be committed at sea or in cases where they otherwise deem that it is likely that the public order at sea will be seriously disturbed, and there are no other. - 5-.

(9) appropriate means, based on a reasonable judgment from the appearance of the vessel, mode of navigation, abnormal behavior of the crew members, etc., or from other surrounding circumstances. Article 19 The Coast Guard Officers and assistant Coast Guard Officers may carry a weapon in order to perform their duties. Article 20 (1) The provisions of Article 7 of the Police Duties Execution Act (Act No. 136 of 1948) shall apply mutatis mutandis to the use of the weapons by the Coast Guard Officers and assistant Coast Guard Officers. (2) In addition to cases of using a weapon in accordance with the provisions of Article 7 of the Police Duties Execution Act in cases applied mutatis mutandis pursuant to the preceding paragraph, the Coast Guard Officers or assistant Coast Guard Officers may use a weapon within the extent judged reasonably necessary corresponding to the situation if there are reasonable grounds to believe that there are no other means to stop the vessel in cases where an order is given repeatedly to a crew member, etc. to stop a vessel pursuant to the provisions of paragraph (1) of Article 17 and the crew member, etc. does not comply, and further, resists the performance of the duties of the Coast Guard Officers or assistant Coast Guard Officers, or attempts to flee, and if the Commandant of the Japan Coast Guard deems that it is a situation which comes under all of the following items based on a reasonable judgment from the appearance of the said vessel, mode of navigation, abnormal behavior of the crew members, etc., or from other surrounding circumstances or related information. (i) The said vessel is considered to be a foreign vessel (except warships and vessels owned or operated by governments which are used only for non-commercial purposes), and moreover, it is deemed that it is currently conducting navigation which is not an innocent passage in the internal waters or territorial sea of Japan as provided for in the provisions of Article 19 of the United Nations Convention on the Law of the Sea (except when there is a legitimate reason for the navigation). (ii) It is deemed that if said navigation is left alone, it is likely to be repeated in the future. (iii) It is deemed that it is not possible to dispel the suspicion that said navigation is being carried out for preparations necessary to commit a violent and dangerous crime which is punishable by the death penalty, a life sentence, or imprisonment with or without work for three years or more (hereinafter referred to as “serious violent crime”) in the territories of Japan. (iv) It is deemed that it is not possible to prevent the future occurrence of a serious violent crime unless proper measures are taken based on information obtained through suspending said navigation and conducting an onboard inspection. Article 21 (1) The Commandant of the Japan Coast Guard shall appoint a captain of the port from among the Coast Guard Officers. (2) The captain of the port shall be under the direction and supervision of the. - 6-.

(10) Commandant of the Japan Coast Guard and shall take charge of the administrative affairs provided for in the laws and regulations relating to port regulations. Article 22 Deleted Article 23 The regulations relating to the service of the officers of the Japan Coast Guard shall be provided for by the Minister of Land, Infrastructure, Transport and Tourism within the extent that they do not touch upon the laws and regulations relating to national government officers. Article 24 The Commandant of the Japan Coast Guard shall specify the bases and assigned districts of vessels where necessary in order to maintain the navigational aids, prevent smuggling, and give assistance to mariners in distress. Article 25 None of the provisions of this Act shall be interpreted as permitting the organization or training of the Japan Coast Guard or its officers as armed forces or as permitting them to engage in the functions of armed forces. Chapter II Deleted Article 26 Deleted Chapter III Assistance Article 27 (1) The Japan Coast Guard and the police administrative agencies, customs, and other relevant administrative agencies shall maintain contact, and shall consult one another where it is deemed necessary for the prevention or suppression of a crime or for the investigation or arrest of a criminal, and moreover, may request the dispatch of relevant officers or other necessary cooperation. (2) The Japan Coast Guard, police administrative agency, customs, or other relevant administrative agency that has received a request for cooperation in accordance with the preceding paragraph shall cooperate as far as possible with the request. Article 28 Officers who have been dispatched in cases of the preceding Article shall be under the supervision of the administrative agency that requested the dispatch. Article 28-2 (1) With regard to remote islands for which a public notice has been issued by the Commandant of the Japan Coast Guard and the Commissioner General of the National Police Agency to the effect that it is difficult for the police to deal with a crime promptly owing to the area being far from the mainland or through some other reason, the Coast Guard Officers and assistant Coast Guard Officers may deal with crimes on said island pursuant to the Commandant of the Japan Coast Guard holding discussions with the Commissioner General of the National Police Agency. (2) The provisions of Article 2, Article 5 and paragraph (1), paragraph (3) and paragraph (4) of Article 6 of the Police Duties Execution Act shall apply mutatis mutandis to the execution of the duties of the Coast Guard Officers and assistant. - 7-.

(11) Coast Guard Officers in accordance with the provisions of the preceding paragraph. In this case, the “police station, police box, or residential police box” in paragraph (2) of Article 2 of the same Act shall be replaced and read as “facility, vessel, or aircraft of the Japan Coast Guard” and the “police station, police box, or residential police box” in paragraph (3) of the same Article shall be replaced and read as “facility, vessel, or aircraft of the Japan Coast Guard”. Article 28-3 The Commandant of the Japan Coast Guard may have officers of the Japan Coast Guard who serve as crew members of its vessels or aircraft carry out International Peace Cooperation Assignments and implement commissioned transportation to the extent that it does not hinder the mission of the Japan Coast Guard pursuant to the provisions of the Act on Cooperation with United Nations Peacekeeping Operations and Other Operations (Act No. 79 of 1992). Chapter IV Supplementary Provisions Article 29 The Commandant of the Japan Coast Guard may delegate part of the Commandant’s authority (except for those matters provided for in paragraph (2) of Article 20) to the officers under the Commandant’s jurisdiction. Article 30 If the Commandant of the Japan Coast Guard is unable to perform the Commandant’s duties or when the Commandant’s post is vacant, an officer of the Japan Coast Guard, in accordance with the order designated in advance by the Minister of Land, Infrastructure, Transport and Tourism shall, in the interim, act on behalf of the Commandant of the Japan Coast Guard in the performance of the Commandant’s duties. Article 31 (1) The Coast Guard Officers and assistant Coast Guard Officers shall carry out the duties of a judicial police official pursuant to the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) as specified by the Commandant of the Japan Coast Guard with regard to crimes committed at sea. (2) The Coast Guard Officers and assistant Coast Guard Officers shall carry out the duties of a judicial police official pursuant to the provisions of the Code of Criminal Procedure as specified by the Commandant of the Japan Coast Guard through discussions with the Commissioner General of the National Police Agency in the cases provided for in paragraph (1) of Article 28-2 with regard to crimes committed on remote islands set forth under the same paragraph. Article 32 (1) Vessels other than the vessels of the Japan Coast Guard shall not attach or hoist the signs provided for in paragraph (2) of Article 4 or the flag of the Japan Coast Guard, or any signs or flags which may be confused with them. (2) Aircraft other than the aircraft of the Japan Coast Guard shall not attach the signs provided for in paragraph (3) of Article 4 of any signs that may be confused with them.. - 8-.

(12) Article 33 Aside from those matters provided for in this Act, the types and jurisdictional matters of the officers of the Japan Coast Guard and other necessary matters relating to the officers of the Japan Coast Guard shall be as specified by a Cabinet Order. Article 33-2 The name, location, and internal organization of the educational training institution set forth under item (xxviii) of Article 5 shall be prescribed by an ordinance of the Japan Coast Guard. Supplementary Provisions Extract Article 34 The date of the enforcement of this Act shall be prescribed by a Cabinet Order; provided, however, that the date shall not be later than May 1, 1948. Article 35 Deleted Article 36 Deleted Article 37 None of the provisions in this Act shall be interpreted to mean that officers may be employed beyond the fixed quota of officers in order to perform the functions and activities provided for in this Act if there is no available budget. Article 38 Deleted Article 39 The provisions of existing laws and regulations at the time of the enforcement of this Act (except for the laws and regulations that have been enacted in accordance with the instructions of the Supreme Commander for the Allied Powers), which are contrary to the provisions of this Act, shall cease to be effective. Article 43 The Imperial order for Establishment of the Lighthouse Bureau and the same for Establishment of the Hydrographic Department shall be abolished. Supplementary Provisions (Act No. 58 of May 14, 1949) The provisions of Article 1 in this Act shall come into effect from the date of enforcement of the Japanese National Railways Act (Act. 256 of 1948) and the provisions of Article 2 shall come into effect from the date of promulgation. Supplementary Provisions (Act No. 158 of May 31, 1949) Extract 1. This Act shall come into effect from June 1, 1949. Supplementary Provisions (Act No. 198 of May 23, 1950) Extract 1. This Act shall come into effect from June 1, 1950. Supplementary Provisions (Cabinet Order No. 318 of October 23, 1950) Extract 1. This Cabinet Order shall come into effect from the date of promulgation. Supplementary Provisions (Act No. 97 of April 26, 1952) Extract (1) This Act shall come into effect from the date of promulgation; provided, however,. - 9-.

(13) that those matters pertaining to aircraft in the provisions of Article 4, Article 6-2, Article 7, Article 8, Article 9, and Article 32 of the Japan Coast Guard Act after amendment shall apply from the beginning of the effective date of the Treaty of Peace with Japan. Supplementary Provisions (Act No. 278 of July 31, 1952) Extract 1. This Act shall come into effect from August 1, 1952. Supplementary Provisions (Act. No. 163 of June 8, 1954) Extract (Effective Date) 1. The provisions of Article 53 in this Act shall come into effect from the date of enforcement of the Act pertaining to Procedure for Summary Trial of Traffic Violations, and the other parts shall come into effect from the date of enforcement of the Police Act (Act No. 162 of 1954; except for the part pertaining to the proviso to paragraph (1) of the Supplementary Provisions of the same Act)). Supplementary Provisions (Act No. 10 of April 1, 1955) This Act shall come into effect from the date of promulgation. Supplementary Provisions (Act No. 130 of June 15, 1961) This Act shall come into effect from January 1, 1962. Supplementary Provisions (Act No. 80 of May 22, 1965) Extract (Effective Date) 1. This Act shall come into effect from July 1, 1965. Supplementary Provisions (Act No. 75 of May 20, 1966) Extract (Effective Date) 1. This Act shall come into effect from the date of promulgation, and the provisions of Article 83 of the Act on the Establishment of the Ministry of Transport after amendment and the following paragraph shall apply from April 1, 1966. Supplementary Provisions (Act No. 98 of June 30, 1966) Extract (Effective Date) 1. This Act shall come into effect from July 1, 1966; provided, however, that the provisions of Article 4 to Article 6 inclusive, Article 10 (limited to the part pertaining to the Asset Revaluation Council and Confiscated Precious Metals Processing Council), Article 11, Article 13, Article 15, Article 25, Article 28, and from Article 48 to Article 51 inclusive shall come into effect from the date specified by a Cabinet Order by March 31, 1967.. - 10-.

(14) Supplementary Provisions (Act No. 136 of December 25, 1970) Extract (Effective Date, Etc.) Article 1 This Act shall come into effect from the date specified by a Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions of Article 4, Article 5, and Article 8 shall come into effect on whichever is the earlier of the day on which one year and six months has passed calculating from the date of promulgation or the day on which the amendment of the International Convention for the Prevention of Pollution of the Sea by Oil of 1954 adopted on October 21, 1969 by the Intergovernmental Maritime Consultative Organization pursuant to the provisions of Article 16 of the same Act (hereinafter referred to as “effective date of the amended Convention”) come into effect with regard to Japan, and the provisions of Chapter III and Chapter IV shall come into effect from the day on which one year and six months has passed calculating from the date of promulgation. Supplementary Provisions (Act No. 130 of December 31, 1971) Extract (Effective Date) 1. This Act shall come into effect as from the effective date of the Agreement between Japan and the United States of America Concerning the Ryukyu Islands and the Daito Islands. Supplementary Provisions (Act No. 115 of July 3, 1972) Extract (Effective Date) Article 1 This Act shall come into effect from the date specified by a Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions of Article 36 and Article 4 of the Supplementary Provisions shall come into effect from the date of promulgation. Supplementary Provisions (Act No. 47 of June 1, 1976) Extract (Effective Date) Article 1 This Act shall come into effect from the date specified by a Cabinet Order within a period not exceeding six months from the date of promulgation. Supplementary Provisions (Act No. 13 of March 31, 1980) Extract (Effective Date) (1) This Act shall come into effect from the date specified by a Cabinet Order within a period not exceeding three months from the date of promulgation. Supplementary Provisions (Act No. 69 of May 29, 1980) Extract. - 11-.

(15) (Effective Date) Article 1 This Act shall come into effect from October 1, 1980. Supplementary Provisions (Act No. 78 of December 2, 1983) 1. This Act (except Article 1) shall come into effect from July 1, 1984. 2. Transitional measures necessary for organizations, etc. that are in existence pursuant to the provisions of laws on the day prior to the enforcement of this Act and that will be in existence pursuant to the provisions of the National Government Organization Act or a Cabinet Order pursuant to the provisions of related laws that are amended by this Act (hereinafter referred to as “related Cabinet Orders”) after the enforcement of this Act, and other transitional measures necessary for the enactment or changes to the related Cabinet Orders resulting from the enforcement of this Act, may be stipulated by a Cabinet Order. Supplementary Provisions (Act No. 93 of September 16, 1987) Extract (Effective Date) Article 1 This Act shall come into effect from the date of promulgation. Supplementary Provisions (Act No. 79 of June 19, 1992) Extract (Effective Date) Article 1 This Act shall come into effect from the date specified by a Cabinet Order within a period not exceeding three months from the date of promulgation. Supplementary Provisions (Act No. 75 of June 14, 1996) This Act shall come into effect from the date specified by a Cabinet Order within a period not exceeding three months from the date of promulgation. Supplementary Provisions (Act No. 102 of July 16, 1999) Extract (Effective Date) Article 1 (i) This Act shall come into effect from the date of enforcement of the Act for Partial Revision of the Cabinet Act (Act No. 88 of 1999); provided, however, that the provisions given in the following items shall come into effect from the date specified in each item.. (ii) The provisions of paragraph (1) and paragraph (5) of Article 10, paragraph (3) of Article 14, Article 23, Article 28, and Article 30 of the Supplementary Provisions: the date of promulgation. (Succession of the Status of Officers) Article 3 Any person who is actually the officer of the former Prime Minister’s Office, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry. - 12-.

(16) of Education, Ministry of Health and Welfare, Ministry of Agriculture, Forestry and Fisheries, Ministry of International Trade and Industry, Ministry of Transport, Ministry of Posts and Telecommunications, Ministry of Labour, Ministry of Construction, or Ministry of Home Affairs (hereinafter referred to as the “former office/ministry” in this Article) at the time of enforcement of this Act (excluding the president or chairperson and members of a council, etc. set forth in Article 8 of the National Administrative Organization Act (Act No. 120 of 1948), members of the Central Disaster Prevention Council, the chairperson and members of the Japanese Industrial Standards Committee, and those specified by Cabinet Order as similar thereto) shall be the corresponding official of the Cabinet Office, the Ministry of Internal Affairs and Communications, the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Economy, Trade and Industry, the Ministry of Land, Infrastructure, Transport and Tourism, or the Ministry of the Environment after the enforcement of this Act (hereinafter referred to as the "new office/ministry" in this article) or a department or organization thereunder, which is specified by Cabinet Order as the new office/ministry or a department or organization thereunder that corresponds to the former office/ministry or a department or organization thereunder to which the official actually belongs at the time of enforcement of this Act, with the same working conditions, unless a letter of appointment is otherwise issued. (Transitional Measures Separately Provided) Article 30 In addition to those matters prescribed in Article 2 to the preceding Article inclusive, the transitional measures necessary for the enforcement of this Act shall be separately provided for by an act. Supplementary Provisions (Act No. 114 of November 2, 2001) This Act shall come into effect as from the date of promulgation. Supplementary Provisions (Act No. 36 of April 21, 2004) Extract (Effective Date) Article 1 This Act shall come into effect on the date on which the protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships of 1973, as modified by the protocol of 1978, come into effect with regard to Japan (hereinafter referred to as “effective date of the amended Convention”). Supplementary Provisions (Act No. 58 of June 8, 2006) Extract (Effective Date). - 13-.

(17) Article 1 This Act shall come into effect from the date specified by a Cabinet Order within a period not exceeding one year from the date of promulgation. Supplementary Provisions (Act No. 108 of July 6, 2007) Extract (Effective Date) Article 1 This Act shall come into effect from the date specified by a Cabinet Order by December 31, 2008; provided, however, that the provisions given in the following items shall come into effect from the date specified in each item. (iii) The provisions of Article 2, Article 4 and 5 and the following Article, Article 8 of the Supplementary Provisions, Article 11 (limited to the part applied mutatis mutandis pursuant to Article 8 of the Supplementary Provisions), Article 20 to Article 22 inclusive, Article 24, Article 25, Article 27 to Article 29 inclusive, Article 33 to Article 35 inclusive, and Article 36 (limited to the amended provision amending “paragraph (7) of the Supplementary Provisions” in the text of Article 16 and paragraph (1) of Article 24 to “paragraph (6) of the Supplementary Provisions” of the Act on Personnel Exchange Between the Government Sector and Private Enterprises (Act No. 224 of 1999)), the amended provisions of the contents of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999) in Article 40 of the Supplementary Provisions and Article 67 of the same Act shall be deleted, and Article 68 of the same Act changed to Article 67 of the same Act: the date specified by a Cabinet Order within a period not exceeding two years from the date of promulgation. Supplementary Provisions (Act No. 26 of May 2, 2008) Extract (Effective Date) Article 1 This Act shall come into effect from October 1, 2008. Supplementary Provisions (Act No. 71 of September 5, 2012) Extract (Effective Date) 1. This Act shall come into effect on a day on which 20 days have elapsed from the date of promulgation.. - 14-.

(18) The Act on Territorial Sea and Contiguous Zone (Tentative translation) Act No. 30 of May 2, 1977 Latest Amendment: Act No. 73 of June 14, 1996 (Range of Territorial Sea) Article 1 (1) Japan’s territorial sea shall be the waters extending from the baseline out to a line of 12 nautical miles (if said line measured from the baseline exceeds the median line, up to the median line with regard to the portion in excess (and if there is a line in place of the median line, which has been agreed to by Japan and a foreign country, said line)). (2) The median line set forth under the preceding paragraph shall be a line where the distance from the nearest point of the baseline and the distance from the nearest point of the baseline from which the breadth of a foreign country’s territorial sea pertaining to the coast of the foreign country facing the Japanese coast is measured is an equidistant line at every point. (Baseline) Article 2 (1) The baseline shall be a low-water line, straight baseline, or a line drawn in a mouth of a bay, inside a bay, or a mouth of a river; provided, however, that with regard to the Seto Naikai (Seto Inland Sea), which are internal waters, the line specified by a Cabinet Order as the boundary with other sea areas shall be the baseline. (2) The straight baseline set forth under the preceding paragraph shall be specified by a Cabinet Order in accordance with the provisions of Article 7 of the United Nations Convention on the Law of the Sea (hereinafter referred to as the “UNCLOS”). (3) In addition to those matters provided for in the preceding paragraph, the standards in cases of using the line provided for in paragraph (1) as the baseline and other necessary matters in determining the baseline shall be specified by a Cabinet Order. (Application of Japan’s Laws and Regulations on Hot Pursuit from Internal Waters or Territorial Sea) Article 3 The laws and regulations (including penalties; the same shall apply in Article 5) of Japan shall apply with regard to the enforcement of the duties of Japan’s national government officers pertaining to hot pursuit provided for in Article 111 of the UNCLOS to be carried out from the internal waters or territorial sea of Japan, and acts interfering with these duties. (Contiguous Zone) Article 4 (1) Japan shall establish a contiguous zone as waters to take necessary. - 15-.

(19) measures to prevent acts and punish acts in violation of its customs, fiscal, immigration, or sanitary laws and regulations in the territorial sea of Japan in accordance with the provisions of Article 33 (1) of the UNCLOS. (2) The contiguous zone set forth under the preceding paragraph (hereinafter referred to simply as “contiguous zone”) shall be the sea area (excluding the territorial sea) from the baseline to a line extending out 24 nautical miles (if the line exceeds the median line (referring to the median provided for in paragraph (2) of Article 1; hereinafter the same shall apply) measuring from the baseline, the median line with regard to the portion in excess (and if there is a line in place of the median line, which has been agreed to by Japan and a foreign country, said line)). (3) With regard to a portion of the sea area for which it is mutually deemed with a foreign country to be appropriate to take the measures set forth under Article 33 (1) of the UNCLOS, beyond the median line, the contiguous zone may be the sea area (excluding the sea area which is foreign territorial sea) from the baseline extending out 24 nautical miles in accordance with the provisions of a Cabinet Order notwithstanding the provisions of the preceding paragraph. (Application of Japan’s Laws and Regulations in the Contiguous Zone) Article 5 The laws and regulations of Japan shall apply with regard to executing the duties (including the execution of duties pertaining to hot pursuit in accordance with the provisions of Article 111 of the UNCLOS to be carried out from the contiguous zone in relation to the execution of such duties) of a national government officer of Japan in the contiguous zone pertaining to the measures provided for in paragraph (1) of the preceding Article, and acts interfering with such duties. Supplementary Provisions (Effective Date) Article 1 This Act shall come into effect from the date specified by a Cabinet Order within a period not exceeding two months from the date of promulgation. (Range of Territorial Sea Pertaining to the Specified Sea Areas) Article 2 For the time being, with regard to the Soya Kaikyo (Soya Strait), the Tsugaru Kaikyo (Tsugaru Strait), the Tsushima Kaikyo Higashi Suido (Tsushima Strait East Channel), the Tsushima Kaikyo Nishi Suido (Tsushima Strait West Channel), and the Osumi Kaikyo (Osumi Strait) including waters which are respectively adjacent to such straits, and moreover, are deemed to be integral with each sea area judging from the route a vessel would normally take for navigation; hereinafter referred to as “specified sea area”), the provisions of Article 1 shall not apply and the territorial sea pertaining to the specified sea area shall each respectively be the sea areas from the baseline, to a line extending out three nautical miles, and a line drawn connecting this. - 16-.

(20) line. Article 3 The range of the specified sea areas and the line provided for in the preceding paragraph shall be specified by a Cabinet Order. Supplementary Provisions (Act No. 73 of June 14, 1996) This Act shall come into effect as from the date on which the UNCLOS comes into effect for Japan.. - 17-.

(21) The Act on the Exclusive Economic Zone and the Continental Shelf (Tentative translation) Act No. 74 of June 14, 1996 (Exclusive Economic Zone) Article 1 Japan shall establish an exclusive economic zone as a water area to exercise the sovereign right of a coastal State and other rights as provided for in Part V of the United Nations Convention on the Law of the Sea (hereinafter referred to as the “UNCLOS”). (2) The exclusive economic zone set forth under the preceding paragraph (hereinafter referred to simply as “exclusive economic zone”) shall be the sea area (excluding the territorial sea) extending from the baseline of Japan (referring to the baseline provided for in paragraph (1) of Article 2 of the Act on Territorial Sea and Contiguous Zone (Act No. 30 of 1977); hereinafter the same shall apply) to the line (if said line measured from Japan’s baseline exceeds the median line (referring to a line where the distance from the nearest point of Japan’s baseline and the distance from the nearest point of the baseline from which the breadth of a foreign country’s territorial sea pertaining to the coast of the foreign country facing the Japanese coast at every point is an equidistant line; hereinafter the same shall apply), up to the median line (and if there is a line in place of the median line, which has been agreed to by Japan and a foreign country, said line) with regard to the portion in excess) where the distance from the nearest point of Japan’s baseline at every point is 200 nautical miles, as well as its seabed and its subsoil. (Continental Shelf) Article 2 Japan shall have the following seabed of the sea areas and subsoil of the submarine areas as its continental shelf (hereinafter referred to simply as “continental shelf”) to exercise the sovereign right of a coastal State and other rights in accordance with the provisions of the UNCLOS. (i) The sea area (excluding the territorial sea) where the distance from Japan’s baseline up to the line (if said line measured from Japan’s baseline exceeds the median line, the median line (and if there is a line in place of the median line, which has been agreed to by Japan and a foreign country, said line, and the line specified by a Cabinet Order drawn connecting to said line) with regard to the portion in excess) where the nearest point of Japan’s baseline is 200 nautical miles at every point. (ii) The sea area which is connected to the outer sea area set forth under the preceding item (limited to the portion which is bounded by a line where the distance from the nearest point of Japan’s baseline at every point is 200 nautical miles) shall be specified by a Cabinet Order in accordance with the provisions of Article 76 of the. - 18-.

(22) UNCLOS. (Application of Japan’s Laws and Regulations) Article 3 The laws and regulations of Japan (including penalties; hereinafter the same shall apply) shall apply to the following matters. (i) The exploration, exploitation, conservation, and management of natural resources; the establishment, construction, operation, and use of artificial islands, installations, and structures; the protection and preservation of the marine environment; and marine scientific research in the exclusive economic zone or continental shelf. (ii) Activities (excluding those given in the preceding item) for exploitation and exploration carried out for an economic purpose in the exclusive economic zone. (iii) Drilling of the continental shelf (except for those given in item (i)). (iv) The execution of the duties of Japan’s national government officers in the exclusive economic zone or continental shelf relating to the matters given in the preceding three items (including the execution of duties pertaining to hot pursuit in accordance with the provisions of Article 111 of the UNCLOS to be carried out from these waters with respect to the enforcement of duties) and acts interfering with these duties. (2) In addition to those matters provided for in the preceding paragraph, with regard to the artificial islands, installations, and structures set forth under item (i) of the same paragraph, they shall be deemed to be in Japan and shall be subject to the application of the laws and regulations of Japan. (3) With respect to the application of the laws and regulations of Japan in accordance with the provisions of the preceding two paragraphs, where the waters which are subject to the application of such laws and regulations are in areas outside the territory of Japan or otherwise are within a range deemed to be reasonably necessary in view of special circumstances in the waters, necessary matters may be specified by a Cabinet Order in order to organize or adjust the relationships of the application of the laws and regulations. (Validity of the Convention) Article 4 Where the matters provided for in this Act are otherwise provided for in an international treaty, they shall be governed by said provisions.. Supplementary Provisions Extract (Effective Date) Article 1 This Act shall come into effect as from the date on which the UNCLOS comes into effect for Japan.. - 19-.

(23) The Act on the Preservation and Control of Living Marine Resources (Tentative translation) Act No. 77 of June 14, 1996 Latest amendment: Act No. 77 of June 6, 2007 (Purpose) Article 1 The purpose of this Act shall be to preserve and control the living marine resources in Japan’s Exclusive Economic Zone, etc. and to ensure the appropriate implementation of the United Nations Convention on the Law of the Sea in coordination with the measures, etc. taken under the Fishery Act (Act No. 267 of 1949) and the Act on the Protection of Fishery Resources (Act No. 313 of 1951), thereby contributing to the development of fisheries and the stable supply of marine products, by formulating a plan for the preservation and control of living marine resources in Japan’s Exclusive Economic Zone, etc. and by taking the required measures to control fish catches and fishing efforts. (Definitions, etc.) Article 2 (1) In this Act, the term “Exclusive Economic Zone, etc.” shall mean the Exclusive Economic Zone, Territorial Seas, Internal Waters (excluding the inland waters), and Continental Shelf (referring to the continental shelf provided in Article 2 of Act on the Exclusive Economic Zone and the Continental Shelf (Act No. 74 of 1996)) of Japan. (2) The term “total allowable catch” in this Act shall mean the maximum limit of the annual quantity of each type of living marine resources which may be gathered or caught in the Exclusive Economic Zone, etc. (3) The term “fishing efforts” in this Act shall mean the amount of fishing carried out in order to gather or catch the living marine resources, as indicated by the number of fishing operation days and other indicators specified in the Ordinance of the Ministry of Agriculture, Forestry and Fisheries for each mode of gathering or catching. (4) The term “total allowable efforts” in this Act shall mean the maximum limit of the total annual fishing efforts in the Exclusive Economic Zone, etc. for each mode of gathering or catching per type of living marine resources, and for each mode of gathering or catching per type of living marine resources in cases where control is implemented based on fishing efforts specifying the sea areas and periods of time pertaining to the mode of gathering or catching. (5) The term “specified living marine resources” in this Act shall mean Class I specified living marine resources and Class II specified living marine resources. (6) The term “Class I specified living marine resources” in this Act shall mean living marine resources which are appropriate to preserve and control through the total. - 20-.

(24) allowable catch determined, etc. for the Exclusive Economic Zone, etc. and which are specified by a Cabinet Order. (7) The term “Class II specified living marine resources” in this Act shall mean living marine resources which are appropriate to preserve and control through the total allowable effort determined, etc. for the Exclusive Economic Zone, etc. and which are specified by a Cabinet Order. (8) If the Minister of Agriculture, Forestry and Fisheries intends to draw up a draft in order to enact, amend, or abolish the Cabinet Order set forth under the preceding two paragraphs, the Minister shall hear the opinion of the Fisheries Policy Council. (Basic Plan) Article 3 (1) The Minister of Agriculture, Forestry and Fisheries shall formulate a basic plan on the preservation and control of living marine resources (hereinafter referred to as “Basic Plan”) in order to preserve and control living marine resources in the Exclusive Economic Zone, etc. (2) The Basic Plan shall specify the following matters. (i) The basic policy relating to the preservation and control of living marine resources. (ii) Matters relating to the trends for each of the specified living marine resources. (iii) Matters relating to the total allowable catch for each of the Class I specified living marine resources. (iv) Matters relating to the quantities of the total allowable catch given in the preceding item for each type of fishery for the designated fisheries provided for in paragraph (1) of Article 52 of the Fishery Act, fisheries requiring permission from the Minister of Agriculture, Forestry and Fisheries or some other disposition pursuant to the Ordinance of the Ministry of Agriculture, Forestry and Fisheries based on the provisions of paragraph (1) or (2) of Article 65 of the same Act, or paragraph (1) or (2) of Article 4 of the Act on the Protection of Fishery Resources, or other fisheries provided for in the Ordinance of the Ministry of Agriculture, Forestry and Fisheries (hereafter referred to as “designated fisheries, etc.”). (v) Matters relating to the quantities in cases of specifying the quantity fishing operations area or fishing operations period with regard to the quantities given in the preceding item. (vi) Matters relating to the quantities of the total allowable catch given in item (iii) (except for the quantities given in item (iv) and the quantities pertaining to the gathering or catching of Class I specified living marine resources by persons specified in a Cabinet Order) for each prefecture that has the sea within its boundaries (hereinafter referred to simply as “the prefecture”). (vii) Matters relating to measures to be implemented for the quantities given in item (iv) (in cases where the quantities given in item (v) have been specified, such quantities; hereinafter referred to as “quantities controlled by the Minister”).. - 21-.

(25) (viii) Matters relating to the modes of gathering or catching which are subject to control due to the fishing efforts for each of the Class II specified living marine resources, and the sea area, period, and total allowable efforts for each mode of gathering or catching. (ix) Matters relating to the amount of total allowable efforts given in the preceding item for the categories of designated fisheries, etc. (limited to modes of gathering and catching that are subject to control through fishing efforts) (hereinafter referred to as “fishing efforts controlled by the Minister”). (x) Matters relating to the amount of total allowable efforts given in item (viii) (excluding the fishing efforts controlled by the Minister) by prefecture. (xi) Matters relating to the measures to be implemented in relation to the fishing efforts controlled by the Minister. (xii) Other important matters relating to the preservation and control of living marine resources. (3) The matters given in item (iii) and item (viii) of the preceding paragraph shall be decided based on the matters given in item (ii) of the same paragraph and the relationships, etc. with other living marine resources for the purpose of maintaining or restoring the specified living marine resources to levels enabling the realization of maximum sustainable production, taking into account the fisheries management of the specified living marine resources and other circumstances. (4) If the Minister of Agriculture, Forestry and Fisheries intends to formulate the Basic Plan, the Minister shall hear the opinion of the Fisheries Policy Council. (5) If the Minister of Agriculture, Forestry and Fisheries intends to stipulate the quantity given in item (vi) of paragraph (2) or the amount given in item (x) of the same paragraph, the Minister shall hear the opinion of the governor of the prefecture relating to the relevant part in advance, and if the Minister specifies said quantity or amount, the Minister shall notify the governor of the prefecture relating to the relevant part without delay. (6) If the Minister of Agriculture, Forestry and Fisheries has formulated the Basic Plan, the Minister shall publish it without delay. (7) The Minister of Agriculture, Forestry and Fisheries shall review the Basic Plan at least once a year taking into account the trends for each of the specified living marine resources, the management of the fisheries pertaining to the specified living marine resources, and other circumstances, and shall make changes to the Basic Plan when the Minister deems it to be necessary. (8) The Minister of Agriculture, Forestry and Fisheries shall hear the opinions of the Fisheries Policy Council when conducting the review set forth under the preceding paragraph. (9) The provisions of paragraph (4) to paragraph (6) inclusive shall apply mutatis mutandis to changes in the Basic Plan pursuant to the provisions of paragraph (7).. - 22-.

(26) (Prefectural Plan) Article 4 (1) The governor of the prefecture shall formulate a plan for the prefecture on the measures to be implemented for the quantities given in item (vi) of paragraph (2) of the preceding Article or amounts given in item (x) of the same paragraph, in accordance with the Basic Plan (hereinafter referred to as “Prefectural Plan”). (2) The Prefectural Plan shall stipulate the following matters. (i) The policies relating to the preservation and control of living marine resources; (ii) Matters relating to quantities given in item (vi) of paragraph (2) of the preceding Article. (iii) Matters relating to the quantities in cases of specifying the quantities by mode of gathering or catching the Class I specified living marine resources, by sea area or by period with regard to the quantities given in the preceding item. (iv) Matters relating to measures to be implemented in relation to the quantities given in item (ii) (the quantities where the quantities given in the preceding item have been specified; referred to as “quantity control by the governor for Class I specified living marine resources” in paragraph (2) of Article 8). (v) Matters relating to the quantities given in item (x) of paragraph (2) of the preceding Article. (vi) Of the quantities given the preceding item, the matters relating to the amounts for each mode of gathering or catching (limited to modes of gathering and catching subject to control due to fishing efforts and which are other than the designated fisheries, etc.) of Class II specified living marine resources (hereinafter referred to as “fishing efforts control by the governor for Class II specified living marine resources”). (vii) Matters relating to the measures to be implemented in relation to the fishing efforts control by the governor for Class II specified living marine resources. (viii) Other important matters relating to the preservation and control of living marine resources. (3) If the governor of the prefecture intends to formulate a Prefectural Plan, the governor shall obtain approval from the Minister of Agriculture, Forestry and Fisheries. (4) If the governor of the prefecture intends to formulate a Prefectural Plan (except for the matters given in item (ii) and item (v) of paragraph (2); the same shall apply in paragraph (8)), the governor shall hear the opinions of the relevant Sea-Area Fisheries Adjustment Commission. (5) If the governor of the prefecture has formulated a Prefectural Plan, the governor shall publish it without delay. (6) If the Minister of Agriculture, Forestry and Fisheries deems that the Prefectural Plan does not conform to the Basic Plan owing to a change in the Basic Plan, the Minister. - 23-.

(27) shall notify the governor of the prefecture pertaining to the Prefectural Plan to the effect that the Prefectural Plan should be changed. (7) If the governor of the prefecture has received a notification pursuant to the provisions of the preceding paragraph, the governor shall change the Prefectural Plan. (8) Except for the cases set forth under the preceding paragraph, the governor of the prefecture shall review the Prefectural Plan at least once a year taking into account trends in the designated living marine resources (meaning the Class I designated living marine resources and Class II designated living marine resources set forth under paragraph (1) of the following Article; hereinafter the same shall apply), the management of fisheries pertaining to the specified living marine resources or designated living marine resources, and other circumstances, and shall change it when the governor deems it to be necessary. (9) The governor of the prefecture shall hear the opinions of the relevant Sea-Area Fisheries Adjustment Commission when conducting the review set forth under the preceding paragraph. (10) The provisions of paragraph (3) to paragraph (5) inclusive shall apply mutatis mutandis to changes in the Prefectural Plan in accordance with the provisions of paragraph (7) or paragraph (8). (Preservation and Control of Designated Living Marine Resources) Article 5 (1) For the living marine resources which are not specified living marine resources, the governor of the prefecture may stipulate the following matters in the Prefectural Plan with regard to the living marine resources prescribed by a Prefectural Ordinance as living marine resources to be preserved and controlled in the area of the sea designated by the Prefectural Ordinance (hereinafter referred to as “designated sea areas”) by determining, etc. the prefectural catch limit (meaning the maximum annual limit for each type of living marine resources which may be gathered or caught by a person other than persons operating designated fisheries, etc. and those persons specified in the Cabinet Order set forth under item (vi) of paragraph (2) of Article 3 in the designated sea areas; hereinafter the same shall apply) (hereinafter referred to as “Class I designated living marine resources”) or with regard to the living marine resources prescribed by a Prefectural Ordinance as living marine resources to be preserved or controlled by determining, etc. the prefectural fishing effort limit (meaning the maximum annual limit for the total of the prefectural fishing effort amount pertaining to the mode of gathering or catching for each type of living marine resources in cases of control through the prefectural fishing effort amount (meaning the amount of fishing work (except for work pertaining to persons operating designated fisheries, etc.) carried out for the purpose of gathering or catching living marine resources which is indicated by the number of fishing days and other indicators provided for in the Prefectural Regulations for each mode of. - 24-.

(28) gathering or catching; hereinafter the same shall apply) specifying the mode of gathering or catching for each type of living marine resources and setting the sea area and period pertaining to each mode of gathering or catching in the designated sea areas; hereinafter the same shall apply) (hereinafter referred to as “Class II designated living marine resources”). (i) Matters relating to the trends for each of the designated living marine resources. (ii) Matters relating to the prefectural catch limits for each of the Class I designated living marine resources. (iii) Matters relating to the limits in cases of specifying the quantities by mode of gathering or catching of the Class I designated living marine resources, sea areas, or period with regard to the prefectural catch limits given in the preceding item. (iv) Matters relating to the measures to be implemented in relation to the prefectural catch limits given in item (ii) (the quantities in cases where the quantities given in the preceding item are specified; referred to in paragraph (2) of Article 8 as “quantity control by the governor for Class I designated living marine resources”). (v) Matters relating to the mode of gathering or catching subject to control through the prefectural fishing efforts for each of the Class II designated living marine resources, and the sea areas, period, and prefectural fishing effort limit for each mode of gathering or catching. (vi) Of the prefectural fishing effort limits given in the preceding item, the matters relating to such limits specified by mode of gathering or catching (limited to modes of gathering or catching subject to control through the prefectural fishing efforts) for Class II designated living marine resources (hereinafter referred to as “fishing efforts control by the governor for Class II designated living marine resources”). (vii) Matters relating to the measures to be implemented in relation to the fishing efforts control by the governor for Class II designated living marine resources. (2) The matters given in item (ii) and item (v) of the preceding paragraph shall be stipulated based on the matters given in item (i) of the same paragraph and the relationships, etc. to other living marine resources for the purpose of maintaining or restoring designated living marine resources to a level that enables the realization of maximum sustainable production taking into account fishery management pertaining to the designated living marine resources and other circumstances. (3) The Prefectural Ordinance specifying the sea areas and living marine resources set forth under paragraph (1) may be established in cases where the prefecture deems it to be necessary in order to preserve and control specific living marine resources by determining, etc. the prefectural catch limits or prefectural fishing effort limits in all or part of the sea bordering said prefecture (limited to the Exclusive Economic Zone, etc.; the same shall apply in paragraph (3) of Article 17). Article 6 The governor of the prefecture may make any necessary request with regard to. - 25-.

(29) the measures of the Minister of Agriculture, Forestry and Fisheries or the governor of any relevant prefecture to the Minister of Agriculture, Forestry and Fisheries or the governor of the relevant prefecture, if the governor deems it to be particularly necessary so as to ensure that the effects of the implementation of the prefectural plan (limited to the matters given in paragraph (1) of the preceding Article) are properly secured. (Measures to Achieve the Basic Plan) Article 7 (1) In addition to the measures provided for in this Act, the Minister of Agriculture, Forestry and Fisheries or the governor of the prefecture shall take respective measures to place restrictions on the gathering or catching of aquatic animals and plants and other necessary measures in accordance with the provisions of paragraph (1) (including cases applied mutatis mutandis pursuant to replacement of the terms in paragraph (1) of Article 63 of the Fishery Act), or paragraph (3) or (4) of Article 34, paragraph (1) (including cases applied mutatis mutandis pursuant to replacement of the terms in paragraph (1) of Article 63 of the same Act), or paragraph (5) of Article 39, paragraph (1) or (2) of Article 65, or paragraph (1) of Article 66 of the same Act, or paragraph (1) or (2) of Article 4 of the Act on the Protection of Fishery Resources in order to achieve the Basic Plan (except for the matters given in item (vi) and (x) of paragraph (2) of Article 3) or to achieve the Prefectural Plan. (2) If the governor of the prefecture intends to apply the provisions of paragraph (4) of Article 34 of the Fishery Act in order to achieve the Prefectural Plan, the governor may add restrictions or conditions to the fishery rights regardless of the application submitted by the Sea-Area Fisheries Adjustment Commission provided for in the same paragraph. In this case, the provisions of paragraph (2) of the same Article and paragraph (4) of Article 37 of the same Act shall apply mutatis mutandis. (Publication of the Amount of Gathering or Catching, or the Fishing Efforts, etc.) Article 8 (1) If the Minister of Agriculture, Forestry and Fisheries deems that the amount of gathering or catching which is subject to quantity control by the Minister is likely to exceed the quantity control set by the Minister, or that the fishing efforts which are subject to the fishing efforts control by the Minister are likely to exceed the fishing efforts control set by the Minister, the Minister shall publish the amount of said gathering or catching, or the fishing efforts and other matters specified in the Ordinance of the Ministry of Agriculture, Forestry and Fisheries. (2) If the governor of the prefecture deems that the amount of gathering or catching subject to the quantity control by the governor for Class I specified living marine resources or subject to the quantity control by the governor for Class I designated living marine resources (hereinafter generally referred to as “quantity control by the governor”) is likely to exceed the quantity control set by the governor, or that the. - 26-.

(30) fishing efforts or prefectural fishing efforts which are subject to the fishing efforts control by the governor for Class II specified living marine resources or subject to the fishing efforts control by the governor for Class II designated living marine resources (hereinafter generally referred to as “fishing efforts control by the governor”) is likely to exceed the fishing efforts control set by the governor, the governor shall publish the amount of said gathering or catching, or the fishing efforts or prefectural fishing efforts, and other matters specified in the Ordinance of Ministry of Agriculture, Forestry and Fisheries. (Advice, Guidance, or Recommendations) Article 9 (1) If the Minister of Agriculture, Forestry and Fisheries deems it to be necessary so that the amount of gathering or catching subject to quantity control by the Minister does not exceed said quantity control by the Minister, or so that the fishing efforts subject to fishing efforts control by the Minister do not exceed said fishing efforts control by the Minister, following publication pursuant to the provisions of paragraph (1) of the preceding Article, the Minister may give the necessary advice, guidance, or recommendations to the persons carrying out the gathering or catching pertaining to said quantity control by the Minister or fishing efforts control by the Minister on the gathering or catching pertaining to said quantity control by the Minister or fishing efforts control by the Minister. (2) If the governor of the prefecture deems it to be necessary so that the amount of gathering or catching subject to quantity control by the governor does not exceed said quantity control by the governor, or so that the fishing efforts subject to fishing efforts control by the governor or prefectural fishing efforts do not exceed said fishing efforts control by the governor, following publication pursuant to the provisions of paragraph (2) of the preceding Article, the governor may give the necessary advice, guidance or recommendations to the persons carrying out the gathering or catching pertaining to said quantity control by the governor or fishing efforts control by the governor on the gathering or catching pertaining to said quantity control by the governor or fishing efforts control by the governor. (Suspension of Gathering or Catching) Article 10 (1) If the Minister of Agriculture, Forestry and Fisheries deems that the amount of gathering or catching subject to quantity control by the Minister has exceeded or is extremely likely to exceed said quantity control by the Minister or that the fishing efforts subject to fishing efforts control by the Minister have exceeded or are extremely likely to exceed said fishing efforts control by the Minister, the Minister may issue any necessary orders to the persons carrying out the gathering or catching pertaining to said quantity control by the Minister or fishing efforts control by the Minister on suspension of the gathering or catching being carried out for the. - 27-.

(31) purpose of taking the specified living marine resources pertaining to said quantity control by the Minister or fishing efforts control by the Minister and on other matters relating to the gathering or catching of said specified living marine resources, stipulating a period by the Ordinance of the Ministry of Agriculture, Forestry and Fisheries. (2) If the governor of the prefecture deems that the amount of gathering or catching subject to quantity control by the governor has exceeded or is extremely likely to exceed said quantity control set by the governor or that the fishing efforts subject to fishing efforts control by the governor or prefectural fishing efforts have exceeded or are extremely likely to exceed said fishing efforts control set by the governor, the governor may issue any necessary orders to the persons carrying out the gathering or catching pertaining to said quantity control by the governor or fishing efforts control by the governor on suspension of the gathering or catching being carried out for the purpose of taking the specified living marine resources or designated living marine resources pertaining to said quantity control by the governor or fishing efforts control by the governor, and on other matters relating to the gathering or catching of said specified living marine resources or designated living marine resources, stipulating a period by the Prefectural Regulation. (Restrictions on Gathering or Catching through Allotment) Article 11 (1) The Minister of Agriculture, Forestry and Fisheries or the governor of the prefecture may allot a fishing catch limit pertaining to said quantity control by the Minister or quantity control by the governor to each person engaging in gathering or catching pursuant to the Basic Plan for designated fisheries, etc. or based on the Prefectural Plan for fisheries requiring permission or some other disposition by the governor of the prefecture in accordance with the provisions of the regulations pursuant to the provisions of paragraph (1) or (2) of Article 65 of the Fishery Act or paragraph (1) or (2) of Article 4 of the Act on the Protection of Fishery Resources, or the provisions of paragraph (1) of Article 66 of the Fishery Act (referred to as “fisheries permitted by the governor” in paragraph (1) of Article 18) prior to the start of a one-year period subject to control through quantity control set by the Minister or quantity control set by the governor. (2) If the Minister of Agriculture, Forestry and Fisheries or the governor of the prefecture intends to allot the fishing catch limit set forth under the preceding paragraph, the Minister or the governor shall establish standards for such allotments taking into account at least the following matters, and shall make allotments which conform to the standards. (i) The number or gross tonnage of the vessels to be used by the person engaging in the gathering or catching. (ii) The status of gathering or catching of the person engaging in the gathering or. - 28-.